Shailender Thakur vs State Of Hp And Others). ...
2022 Latest Caselaw 7105 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE 24th DAY OF AUGUST, 2022

                              BEFORE
                   HON'BLE MR. JUSTICE A.A. SAYED,




                                                      .

                           CHIEF JUSTICE
                                 &
             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





              LETTERS PATENT APPEAL No.148 of 2022

       Between:-





    1. SHAILENDER THAKUR
       AGE 41 YEARS,
       S/O SH. INDER BAHADUR,
       R/O VILL. BUBBLI, PO & TEHSIL NAHAN,

       DISTRICT SIRMOUR, H.P.

    2. RAKESH CHAUHAN
       AGE 43 YEARS,
       S/O SH. OM PRAKASH CHAUHAN,
       R/O VILL. SAMANA, PO BIR BAGEHRA,


       TEHSIL SUJANPUR TIHRA,
       DISTRICT HAMIRPUR, H.P.
    3. DHARMENDER KATOCH




       AGE 44 YEARS,
       S/O SH. KARTAR SINGH,





       R/O KUTHER, TEHSIL JAWALI,
       DISTRICT KANGRA, H.P.
                                                    ......APPELLANTS
       (BY MR. IMRAN KHAN, ADVOCATE)





       AND

    1. STATE OF HP
       THROUGH CHIEF SECRETARY
       TO THE GOVERNMENT OF HP, SHIMLA
    2. STATE OF HP
       THROUGH SECRETARY (HOME)
       TO THE GOVERNMENT OF HP, SHIMLA




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    3. DIRECTOR GENERAL OF POLICE,
       KHALINI, SHIMLA, HP
    4. H.P. SUBORDINATE SERVICE SELECTION
       BOARD, PAKKA BHAROH, TEHSIL &
       DISTRICT HAMIRPUR,
       THROUGH SECRETARY, H.P.




                                                              .

                                                         ......RESPONDENTS
         (MR. ADARSH SHARMA, ADDITIONAL
          ADVOCATE GENERAL, FOR R-1 TO R-3,





         MS. SUCHITRA SEN, ADVOCATE, FOR R-4)
          This    appeal    coming      on      for      orders        this      day,
    Hon'ble Mr. Justice A.A. Sayed, delivered the following:





                                JUDGMENT

CMP(M) No.1029 of 2022

This application is filed for condonation of delay of 11

days in filing the Letters Patent Appeal. The application is allowed

and to stand disposed of.

LPA No.148 of 2022

2. The present LPA impugns the order dated 02.05.2022

of the learned Single Judge in Civil Writ Petition (Original

Application) No.70 of 2019 (Shailender Thakur and others Versus

State of HP and others). Admittedly, the appellants were not issued

any appointment letters appointing them as Sub-Inspectors of

Police, pursuant to the advertisement dated 06.05.2002, issued by

respondent No.4-H.P. Subordinate Services Selection Board and

after they were declared successful in the written test and interview.

The entire selection process was called off, when it was found that

the same was marred by favouritism and nepotism. In para 6 of the

impugned order, the learned Single Judge has observed as follows:-

.

"6. Leaving everything aside, this Court finds that the

selection process, which is subject matter of the case at hand was initiated in the year 2002, as such no fruitful

purpose would be served in case prayer made in the instant petition is accepted at this stage. Otherwise also, more than 20 years have elapsed/passed after initiation of selection process i.e. 06.05.2022 and any interference

at this stage would unsettle the settled seniority position."

3. Having perused the impugned order and since

admittedly the appellants were not issued any appointment orders,

we do not find any fault in the said order. The LPA is accordingly

dismissed, so also the pending miscellaneous application(s), if any.

                                                         (A.A. Sayed)
                                                         Chief Justice





                                                    (Jyotsna Rewal Dua)





    August 24, 2022                                       Judge
         Mukesh